Sosyal Medya Özelinde Kamusal Alan Doktrini ve “Knight First Amendment Institute et al v. Donald J. Trump” Kararının Amerika Birleşik Devletleri Anayasası 1. Ek Maddesi Kapsamında Değerlendirilmesi

Abstract

Social media has become an area where individuals have the opportunity to express themselves and share their opinions, thereby greatly expanding the possibilities of realizing a democratic culture. These opportunities provided by the digital age have also started to produce new control methods that can limit this participation. This beginning started to show itself in the legal regulations, and then it revealed the necessity of reinterpreting the decisions made on the subject in terms of the current situation. Especially in recent years, the increase in the rate of social media use of the politicians, their preferences to announce the policies they follow and to create their own media, have begun to raise the problems in terms of the use of freedom of expression. An appeal was filed after American President Donald J. Trump blocked some users who did not like his posts on his Twitter page. As a result of the trial, the Court reinterpreted the public forum doctrine, taking into account the use of social media accounts. In this study, in terms of freedom of expression, the public forum doctrine on social media has been examined together with the First Amendment of the American Constitution and the case law of the Supreme Court. In this context, the applicability of the new public forum has been tried to be evaluated in the framework of the Constitutional Court's decisions regarding victim status.